Monday, November 10, 2014

Richard Weber, the Chief of I.R.S. - Criminal
Investigation issues statement regarding no longer seizing structured funds of
otherwise licit activity.This means that 31 U.S.C. 5324 will only
be applied on a forward going basis to structuring of non-legal sourced funds.This does not change the affect the
government’s ability to audit and recommend criminal prosecution where
structuring is a part of avoiding reporting for income tax purposes.

Here is the full
statement:

After a
thorough review of our structuring cases over the last year and in order to
provide consistency throughout the country (between our field offices and the
U.S. attorney offices) regarding our policies, I.R.S.-C.I. [Criminal
Investigation] will no longer pursue the seizure and forfeiture of funds
associated solely with “legal source” structuring cases unless there are
exceptional circumstances justifying the seizure and forfeiture and the case
has been approved at the director of field operations (D.F.O.) level. While the
act of structuring — whether the funds are from a legal or illegal source — is
against the law, I.R.S.-C.I. special agents will use this act as an indicator
that further illegal activity may be occurring. This policy update will ensure
that C.I. continues to focus our limited investigative resources on identifying
and investigating violations within our jurisdiction that closely align with
C.I.'s mission and key priorities. The policy involving seizure and forfeiture
in “illegal source” structuring cases will remain the same.